Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - El Salvador (Ratification: 1995)

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee requested the Government to provide information on the application and impact in practice of the Act concerning equality, equity and the elimination of discrimination against women (Decree No. 645 of 2011), the gender equality policy, the national policy for women 2015 and the “National equality plan”. The Committee notes the Government’s reference in its report to the setting up of the Technical Coordination Unit of the National System for Substantive Equality (SNIS), which is responsible for applying the legislation and implementing the monitoring and evaluation system, whose objective is to monitor the progress and implementation of the “National equality plan”. The Committee also notes the adoption of the “National equality and equity plan for Salvadorian women 2012–17”. It further notes that the information provided by the Government in the various documents attached to the report and also in the report on the Equal Remuneration Convention, 1951 (No. 100), although dating back to the 2009–13 period, reveals the persistence of marked occupational segregation between men and women. The Committee notes the “Evaluation of the national policy for women 2011–14”, according to which there was a substantial increase in the participation of women in non-traditional courses and measures had been taken to facilitate their access to employment and to financial resources. The Committee requests the Government, in the context of the SNIS and in conformity with Article 3(f) of the Convention, to continue its evaluation of the various gender equality policies and plans in force, particularly the “National equality and equity plan for Salvadorian women 2012–17”, in order to determine their impact on the participation of women in the labour market, including in sectors traditionally occupied by men and in rural areas. The Committee requests the Government to provide statistical information disaggregated by sex and sector of occupation.

Article 2. Indigenous peoples. In its previous comments, the Committee requested the Government to provide information on the measures adopted in the context of the cooperation agreement between the Directorate for Indigenous Peoples, the Attorney-General’s Office, the National Registry of Natural Persons and the Corporation of Municipalities and their impact on indigenous people’s access to employment. The Committee notes the adoption in 2015 of the public policy for the indigenous peoples of El Salvador, drawn up with the participation of the indigenous peoples. This policy establishes strategies for economic development aimed at improving the quality of life of indigenous peoples, access to employment, the elimination of discrimination, business development and land access. The Committee requests the Government to provide information on the specific measures taken, in the context of the public policy for the indigenous peoples of El Salvador, including education and vocational training measures, and on their impact in terms of increasing the participation of indigenous workers in the labour market on the basis of equal conditions and opportunities.

Article 3(e). Access to vocational training under equal conditions. In its previous comments, the Committee requested the Government to take steps to ensure access to training for men and women without discrimination on the basis of sex and to encourage access for women to jobs traditionally occupied by men. The Committee notes the Government’s statement that the Salvadorian Vocational Training Institute (INSAFORP) adopted the “Institutional gender equality and equity plan 2013–16”, whose objectives include the elimination of social imbalances for women in the occupational sphere and the promotion of strategic affirmative action in favour of equal opportunities. Furthermore, an indicator was included relating to the percentage of women undergoing training in non traditional occupations, which makes it possible to determine progress regarding the participation of women in sectors where men predominate. The Committee requests the Government to continue providing information on the steps taken by INSAFORP to promote vocational training for women, particularly the affirmative action taken in the context of the “Institutional gender equality and equity plan 2013–16”. The Committee requests the Government to provide statistical information, disaggregated by sex and occupation, on vocational training provided to men and women.

Enforcement. In its previous comments, the Committee requested the Government to provide information on the application of section 246 of the Penal Code, which establishes criminal penalties for discrimination in the workplace. The Committee notes the Government’s indication that the Public Prosecutor’s Office reported that proceedings were launched in 59 cases of labour discrimination in 2013. The Committee also notes the inspections on discrimination which have been conducted by the Directorate-General for Labour Inspection through the Special Unit for the Prevention of Labour Discrimination (UEPALD). The Committee requests the Government to indicate the outcome of the abovementioned proceedings instituted under section 246 of the Penal Code and the sanctions imposed. The Committee also requests the Government to supply statistical information on the cases of discrimination detected by the labour inspectorate, disaggregated by ground of discrimination, and the follow-up action taken. The Committee requests the Government to continue providing information on training measures for inspectors concerning the detection and handling of cases of discrimination in employment and occupation, including sexual harassment or harassment in other forms.